918T CONGRESS 1ST SESSION H. R. 11977 IN THE HOUSE OF REPRESENTATIVES JUNE 10, 1969 Mr. CRAMER introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the use of interstate facilities, including the mails, for the transportation of salacious advertising. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That chapter 71 of title 18 of the United Stats Code is 4 amended by adding a new section 1467 as follows: 5 "8 1467. Transportation of salacious advertising 6 "No person shall knowingly deposit in the mail, or 7 transport in interstate or foreign commerce, an advertise8 ment or solicitation designed or intended to appeal to a 9 prurient interest in sex. 10 "Whoever violates this section shall be fined not more 11 than $50,000, or imprisoned not more than five years, or 2 1 both, for the first offense, and shall be fined not more than 2 $100,000, or imprisoned not more than ten years, or both, 3 for a subsequent offense." 4 SEC. 2. The table of contents preceding chapter 71 of 5 title 18 of the United States Code is amended by adding 6 at the end thereof the following: “1467. Transportation of salacious advertising.” 91ST CONGRESS 1ST SESSION H. R. 12018 IN THE HOUSE OF REPRESENTATIVES JUNE 10, 1969 Mr. FINDLEY introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the use of interstate facilities, including the mails, 1 for the transportation of certain materials to minors. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That chapter 71 of title 18 of the United States Code is 4 amended: 5 (1) By adding a new section 1466 as follows: 6 "§ 1466. Transportation or mailing of matter harmful to 7 8 9 10 minors "(a) As used in this section "(i) 'minor' means a person who has not attained the age of eighteen years; 15 and "(ii) adult' means a person who is not a minor: "(iii) matter that is harmful to minors' means a ..book, magazine, pamphlet, sheet, card, photograph, drawing, film, slide, recording or other thing constituting or containing visual, verbal or auditory material that depicts, describes or represents, in actual, or simulated form, nudity, sexual conduct, or sado-masochistic behavior and which is― "(A) offensive to prevailing standards in the adult community concerning what is suitable material for minors; and "(B) substantially without redeeming social value for minors. "(b) No person shall knowingly deposit in the mail, or 16 transport in interstate or foreign commerce, for delivery to 17 a minor, matter which is harmful to minors, or matter consti18 tafing or containing an advertisement therefor or information as to where or how such matter may be obtained. 19 20 21 (c) If deposited in the mail or transported in interstate or foreign commerce for delivery to a residence in 22 which a minor permanently resides, matter which is harmful 23 to minors, or which constitutes or contains an advertisement 3 1 therefor or information as to where or how such matter 2 may be obtained, shall be deemed to have been deposited 3 in the mail or transported in interstate or foreign com4 merce for delivery to such minor unless contained in a 5 scaled envelope or sealed wrapper that completely conceals 6 the contents and clearly, specifically, and personally addressed to an adult who resides at such residence. 7 8 “(d) It shall be an affirmative defense to a charge 9 of violating this section that the defendant reasonably be10 lieved that the addressee of the matter in question was an 11 adult residing at the address shown on the sealed envelope 12 or scaled wrapper. Such reasonable belief may be based 13 upon receipt by the person so charged of a purchase order 14 or other declaration which such person reasonably and in 15 good faith believed to have been executed by the addressec, 16 representing such addressee to be an adult, or on other 17 evidence. 18 "(e) Whoever violates this section shall be fined not 19 more than $50,000, or imprisoned for not more than five 20 years, or both, for the first offense, and shall be fined not 21 more than $100,000, or imprisoned for not more than ten 22 years, or both, for a subsequent offense." |